Pizza delivery drivers have employment rights that are violated frequently, and as a result lawsuits have been filed that allege companies take advantage of drivers to pad their own pockets.
If you are a pizza delivery driver and feel you have been cheated out of wages or driver reimbursements, contact our firm to discuss your legal options. Common violations include the following:
- Mileage under reimbursement
- Failure to pay minimum wage
- Tip-pooling violations
- Missed breaks
- Credit-card processing fees deducted from drivers’ tips
Can You File a Pizza Delivery Reimbursement Lawsuit?
A recent case in Cincinnati saw Domino’s Pizza as a defendant against plaintiffs who claimed pizza franchise owners paid delivery drivers at or below minimum wage and, at the same time, required them to pay for their own delivery expenses like vehicle maintenance, insurance, vehicle wear and tear. The pizza chain settled and each member of the class will receive up to $6,000. A similar case in Dayton, Ohio awarded drivers roughly $2,000 each for labor violations.
In many cases, no portion of a delivery fee actually goes to the drivers, an issue that attorneys intend to remedy in the future. Large pizza chains like Pizza Hut and Domino’s have been named defendants in wage theft lawsuits, as have much smaller operations.
What Are Potential Damages in a Pizza Delivery Wage Theft Lawsuit?
In a pizza delivery wage theft lawsuit, potential damages can include various types of compensation for the wage violations or underpayment experienced by delivery drivers. The specific damages sought will depend on the nature of the wage theft and the applicable labor laws.
Here are some common types of damages in such lawsuits:
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Unpaid Wages: This is the primary form of damages and includes the wages that were not paid to the delivery driver as a result of wage theft. It can encompass regular hourly wages, overtime pay, minimum wage violations, and other unpaid compensation.
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Overtime Pay: If delivery drivers are entitled to overtime pay under labor laws and were not properly compensated for working more than the legally mandated hours, they may be entitled to receive overtime wages.
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Tips and Gratuities: If delivery drivers rely on tips as part of their compensation and tips were withheld or misappropriated, they may be entitled to recover the withheld tips.
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Interest on Unpaid Wages: Courts may also order the payment of interest on the unpaid wages to compensate for the time value of money that the driver was wrongfully denied.
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Job Reinstatement: In cases where a delivery driver was wrongfully terminated for asserting their wage rights, the court may order their reinstatement to their previous position.
It’s important to note that the specific damages available will depend on the laws and regulations applicable to the delivery driver’s employment, as well as the specific circumstances of the case.
An experienced attorney specializing in wage theft cases can provide guidance on the types of damages that may be pursued in a particular case and help the affected delivery driver seek just compensation for their wage theft losses.
